Guess What? Voters Hate Taxes
"The electorate and the legislature share the state's lawmaking power, so the electorate's power to propose and adopt tax laws is at least as broad as the legislature's," write David A. Carrillo and Stephen M. Duvernay of the California Constitution Center at Berkeley Law.
March 14, 2024 at 04:00 PM
6 minute read
TaxThe California Supreme Court recently granted review Legislature v. Weber (Hiltachk), Case No. S281977, which challenges what we'll call Proposition TBD (it doesn't have a number yet): The "California Two-Thirds Legislative Vote and Voter Approval for New or Increased Taxes Initiative," an initiative constitutional amendment that is qualified for the November 2024 ballot. Proposition TBD (in sum) would require voter approval for all new state or local taxes. The court now must confront the substantive issues about the measure's validity, which primarily concern the initiative power's scope: If Proposition TBD goes so far as to change California's basic governmental plan or structure, it's a constitutional revision and beyond the initiative power. Yet this measure has a very specific target (setting state tax policy) that's well within the initiative's reach.
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